SRC-TJG, LBB H.B. 736 78(R)   BILL ANALYSIS


Senate Research Center   H.B. 736
78R10377 ESH-DBy: Denny (Shapiro)
State Affairs
5/18/2003
Engrossed


DIGEST AND PURPOSE 

Currently, internal mail systems of state agencies and political
subdivisions can be used to distribute political advertising.  Some public
schools have taken advantage of this to distribute political advertising
to students and parents.  H.B. 736 amends the Election Code to prohibit
such use of an internal mail system.  This bill provides a criminal
penalty. 

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to
a state officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Chapter 255, Election Code, by adding Section 255.0031,
as follows: 

Sec. 255.0031.  UNLAWFUL USE OF INTERNAL MAIL SYSTEM FOR POLITICAL
ADVERTISING.  (a)  Prohibits an officer or employee of a state agency or
political subdivision from knowingly using or authorizing the use of an
internal mail system for the distribution of political advertising. 

  (b)  Provides that Subsection (a) does not apply to:

(1)  the use of an internal mail system to distribute political
advertising that is delivered to the  premises of a state agency or
political subdivision through the United States Postal Service; or 
(2)  the use of an internal mail system by a state agency to distribute
political advertising that is the subject of or related to an
investigation, hearing, or other official proceeding of the agency. 

(c)  Provides that a person who violates this section commits an offense.
Provides that an offense under this section is a Class A misdemeanor. 

  (d)  Defines: "internal mail system" and "state agency."

SECTION 2.  Effective date:  September 1, 2003.